“The onus is on the contemnor to demonstrate, on a balance of probabilities, that the contemnor has purged his contempt or made best efforts to do so. Mr. Boutin has failed to meet his onus. If the contemnor fails to purge contempt, then the next step at a contempt hearing is to determine the appropriate penalty. See Stone v. Stone, 2019 ONSC 3214, at para. 18.
In Blatherwick v. Blatherwick, 2016 ONSC 4630, at para. 28, this court held that “the principal reasons for sentencing in civil contempt are to obtain compliance with court orders and to promote a society where the rule of law prevails.”
The court must also be mindful of the primary objective of the FLR, which is to deal with cases justly. See Stone supra at para. 20.
Deterrence is a sentencing goal to prevent further non-compliance by Mr. Boutin specifically and other parties involved in other family proceedings generally. Parties, in family proceedings and all civil proceedings, must know that there are serious consequences for the deliberate and flagrant disobedience of court orders and for failing to make complete and accurate financial disclosure.
Denunciation is also a sentencing goal to maintain confidence to parties in family law proceedings and the general public who use the justice system. The rule of law and the administration of justice is seriously undermined where parties can ignore statutory obligations or court orders.
Both goals are particularly important in family proceedings, where the failure to make complete and accurate financial disclosure undermines a just and fair resolution or court determination. And, of course, both goals are important in family proceedings to ensure a party does not take advantage of their failure to make financial disclosure, to hide and dispose of assets – with the intention of defeating or reducing the opposing party’s claim. Unfortunately, this is too common a practice which the court must do its utmost to denounce and hopefully, discourage others to follow.
Rule 31(5) of the Family Law Rules provides judges a wide discretion in imposing sentences for contempt.”